Himachal Pradesh High Court
Vivek Mehta & Ors vs State Of H.P. & Anr on 7 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Decided on: 07.05.2025
Vivek Mehta & Ors. ...Petitioners
Versus
State of H.P. & Anr. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Neeraj Sharma, Sr. Advocate
with Mr. Happy and Mr. Deepanshu
Bindal, Advocates.
For the respondents: Mr. P.K. Nadda, Additional
Advocate General.
Jyotsna Rewal Dua , J
Dismissed as not pressed.
Allowed and disposed of.
With the consent of learned counsel for the parties, the
matter is heard at this stage.
Whether reporters of the local papers may be allowed to see the judgment?
2. This writ petition has been filed for the grant of following
substantive relief:-
"That in view of the above mentioned facts and circumstances, the
present writ petition may kindly be allowed and the condition No.2
of regularization with immediate effect vide notification dated
5.8.2020 may kindly be modified and the respondents may kindly
be directed to regularize the services of the present petitioners
w.e.f. 1.4.2018 alongwith all consequential benefits by issuing writ
of mandamus in the interest of justice and fair play."
3. Learned Senior Counsel for the petitioners submits that
during the pendency of the writ petition, the issue raised by the
petitioners and the reliefs prayed for by them were adjudicated in
Yashwant Singh & Ors. Vs. State of H.P. & Anr.2 Learned Senior
Counsel further submits that the said decision squarely applies to the
facts of the instant case. That on the basis of aforesaid decision,
Niketa Chauhan Vs. State of H.P. & Anr. 3was also decided on
26.04.2024. The judgment in Niketa Chauhan3 has been implemented
by the respondents-State. Learned Senior Counsel also submits that
the petitioners would be satisfied, in case, they are permitted to prefer
individual representations to the Director Education, Himachal
Pradesh, whereafter, Director Education/Competent Authority be
directed to consider and decide the representations to be made by
them, in accordance with law and keeping in view the aforesaid
CWP No. 342/2021 a/w connected matters decided on 31.08.2022
CWP No. 8788/2023 decided on 26.04.2024
decisions, in a time bound schedule. Prayer is not opposed by
learned Additional Advocate General.
4. Having regard to the above submissions, but without
going into the merits of the case, the writ petition is disposed of by
ordering that the petitioners shall be at liberty to prefer individual
representations within a period of four weeks to the Director Higher
Education Himachal Pradesh/Competent Authority, who shall in turn,
consider and decide the same, in accordance with law and keeping in
view the aforesaid decisions, within a further period of eight weeks.
The order so passed be also communicated to the petitioners.
Pending miscellaneous application(s), if any, shall also stand
disposed of.
Jyotsna Rewal Dua
Judge
07th May, 2025(rohit)
